DETAILED ACTION
Response to Arguments
On pg. 8, par. 4 of Applicant’s Response, applicant argues that, however, the citations to block 1458 then to block 1420 is not a logical depiction of McKeefery at least because blocks 1420, 1458 are only each reachable through different branches of the FIGS. 14A-14C. Block 1418 provides for a determination as to whether the network device on which the application is processing corresponds to the greatest RSSI value included on the filtered list (see also block 1416). When the network device on which the application is processing does correspond to the greatest RSSI value on the list (yes at block 1418), the application implements a set of policies on the network device and the method 1400 may then proceed to blocks 1422-1438 (FIG. 14B). Block 1458 is not reachable through this branch of the method 1400.
Examiner respectfully disagrees with applicant’s argument.
In Fig. 14A of McKeefery, if 1418 is yes (if the network device does correspond to the greatest RSSI value on the list), the step goes to 1420 (to implement a set of policies for application restriction) of Fig. 14B. Corresponding to the greatest RSSI value on the list means the network device is too close to the driver and the application is implemented with a set of policies to restrict the usage by the driver.
In Fig. 14A of McKeefery, if 1418 is no (if the network device does not correspond to the greatest RSSI value on the list), the step goes to 1440, 1442, and then via B connection to 1444, 1446, 1454, and 1456 to 1458. Thus, 1458 is reachable through the branch of the method 1400.
On pg. 8, par. 4 - pg. 9, par. 1 of Applicant’s Response, applicant argues that differently, when the network device on which the application is processing does not correspond to the greatest RSSI value on the list (no at block 1418), the method 1400 proceeds to blocks 1440-1446 (FIG. 14C) before hitting another decision block at block 1446, which may lead to block 1458. However, at this point in the method 1400, a set of policies has not yet been implemented on the network device.
Examiner respectfully disagrees with applicant’s argument.
Applicant is arguing solely on the second embodiment of Mckeefery (Figs. 14A, 14B, and 14C). However, the rejection is based on a combination of the first embodiment of Mckeefery (Figs. 17A and 17B), the second embodiment of Mckeefery (Figs. 14A, 14B, and 14C), and the third embodiment of McKeefery (Fig. 15).
Applicant’s argument is that the set of policies has still not yet been implemented on the network device prior to block 1448 for it to be released.
The second embodiment of McKeefery teaches responsive to detecting that the RSSI value is weaker than the threshold RSSI value, not restricting the first set of policies as described in par. 141, “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding to Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and functionality (~the first set of policies) of the network device is not restricted)) (no at block 1458), the method continues by returning to block 1444”.
The second embodiment of McKeefery does not explicitly teach that not restricting the first set of policies is releasing the first set of policies and is combined with the third embodiment of McKeefery.
The third embodiment of McKeefery teaches releasing a first set of policies as described in Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”.
The combination of the second embodiment McKeefery and the third embodiment of McKeefery teaches responsive to detecting that the RSSI value is weaker than the threshold RSSI value (the second embodiment of McKeefery [0141], “When the RSSI value corresponding to network device on which the application is processing has not increased”), releasing the first set of policies (the third embodiment of McKeefery Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
On pg. 9, par. 2 of Applicant’s Response, applicant argues that block 1458 (FIG. 14C) is a decision block to determine whether the RSSI value corresponding to a second scan for network device (which, to be clear, is different than the first scan relevant to blocks 1418-1420). The decision block 1458 represents a determination as to whether the RSSI value for the network device (corresponding to the second scan) is stronger than an initial RSSI value for the network device (corresponding to the first scan, e.g., representing the baseline value). When the RSSI value (second scan) is not stronger than the initial RSSI value (baseline value, first scan) (no at block 1448), the method 1400 returns to block 1444, which includes a wait time and then transmission of a signal to activate the logic of the wireless transceiver and initiate a connection/performs an additional scan. At this point in the method 1400, a set of policies has still not yet been implemented on the network device.
Examiner respectfully disagrees with applicant’s argument.
Applicant is arguing solely on the second embodiment of Mckeefery (Figs. 14A, 14B, and 14C). However, the rejection is based on a combination of the first embodiment of Mckeefery (Figs. 17A and 17B), the second embodiment of Mckeefery (Figs. 14A, 14B, and 14C), and the third embodiment of McKeefery (Fig. 15).
Applicant’s argument is that the set of policies has still not yet been implemented on the network device prior to block 1448 for it to be released.
The second embodiment of McKeefery teaches responsive to detecting that the RSSI value is weaker than the threshold RSSI value, not restricting the first set of policies as described in par. 141, “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding to Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and functionality (~the first set of policies) of the network device is not restricted)) (no at block 1458), the method continues by returning to block 1444”.
The second embodiment of McKeefery does not explicitly teach that not restricting the first set of policies is releasing the first set of policies and is combined with the third embodiment of McKeefery.
The third embodiment of McKeefery teaches releasing a first set of policies as described in Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”.
The combination of the second embodiment McKeefery and the third embodiment of McKeefery teaches responsive to detecting that the RSSI value is weaker than the threshold RSSI value (the second embodiment of McKeefery [0141], “When the RSSI value corresponding to network device on which the application is processing has not increased”), releasing the first set of policies (the third embodiment of McKeefery Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
On pg. 9, par. 3 of Applicant’s Response, applicant argues that given the above, one distinction between the claimed invention and the citations to McKeeferv is that in FIGS. 14A-14C of McKeeferv, even assuming the baseline value at block 1458 may be interpreted as the claimed a threshold value, there is no disclosure of "responsive to detecting that the RSSI value is weaker than the threshold RSSI value, releasing the first set of policies," as set forth in the final recitation of claim 1. When the method 1400 returns to block 1444 as the Office Action notes, and has been discussed above, a set of policies have not yet been implemented on the network device; therefore, there is no disclosure of a release of a set of policies as claimed. The following assertion on p. 5 of the Office Action does not illustrate disclosure of the release of the set of policies because such policies have not yet been implemented when the method 1400 progresses to block 1458 and then back to block 1444: "When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding to Fig. 14C 1458. includes weaker than a baseline (~threshold RSSIJ value and functionality of the network device is not restricted)) (no at block 1458), the method continues by returning to block 1444")."
Examiner respectfully disagrees with applicant’s argument.
Applicant is arguing solely on the second embodiment of Mckeefery (Figs. 14A, 14B, and 14C). However, the rejection is based on a combination of the first embodiment of Mckeefery (Figs. 17A and 17B), the second embodiment of Mckeefery (Figs. 14A, 14B, and 14C), and the third embodiment of McKeefery (Fig. 15).
Applicant’s argument is that the set of policies has still not yet been implemented on the network device prior to block 1448 for it to be released.
The second embodiment of McKeefery teaches responsive to detecting that the RSSI value is weaker than the threshold RSSI value, not restricting the first set of policies as described in par. 141, “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding to Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and functionality (~the first set of policies) of the network device is not restricted)) (no at block 1458), the method continues by returning to block 1444”.
The second embodiment of McKeefery does not explicitly teach that not restricting the first set of policies is releasing the first set of policies and is combined with the third embodiment of McKeefery.
The third embodiment of McKeefery teaches releasing a first set of policies as described in Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”.
The combination of the second embodiment McKeefery and the third embodiment of McKeefery teaches responsive to detecting that the RSSI value is weaker than the threshold RSSI value (the second embodiment of McKeefery [0141], “When the RSSI value corresponding to network device on which the application is processing has not increased”), releasing the first set of policies (the third embodiment of McKeefery Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
Applicant’s arguments are therefore unpersuasive and the rejections are maintained as repeated below and made final.
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. Claims 1-2, 4, 6-9, 11-12, 14, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over a first embodiment of McKeefery (US 2020/0252859 A1) in view of a second embodiment of McKeefery (US 2020/0252859 A1), and further in view of a third embodiment of McKeefery (US 2020/0252859 A1).
Regarding claim 1, a first embodiment of McKeefery teaches a computerized method (Fig. 17A 1702, “application running on a network device”; Fig. 14A 1402) comprising:
detecting a speed of a network device is above a speed threshold ([0152], “detecting ... (ii) movement above a predetermined speed threshold”; corresponds to Fig. 17A 1704) and a presence of a transceiver device ([0152], “detecting (i) the presence of the wireless transceiver”; corresponds to Fig. 17A 1702);
implementing a first set of policies on the network device, wherein implementation of the first set of policies is configured to restrict functionality of the first network device according to a predefined list of functionalities ([0152], “In response to detecting (i) the presence of the wireless transceiver, and (ii) movement above a predetermined speed threshold, the application implements a set of policies, wherein at least a first subset of the policies may restrict or limit functionality of the network device (block 1706)”; corresponds to Fig. 17A 1706);
The first embodiment of McKeefery does not explicitly teach while the speed continues to be above the speed threshold, detecting a received signal strength indicator (RSSI) value of a communication between the network device and the transceiver device that is weaker than a threshold RSSI value, wherein the RSSI value indicates that the network device is outside of a driver envelope; and responsive to detecting that the RSSI value is weaker than the threshold RSSI value, releasing the first set of policies.
However, a second embodiment of McKeefery teaches while the speed continues to be above the speed threshold, detecting a received signal strength indicator (RSSI) value of a communication between the network device and the transceiver device that is weaker than a threshold RSSI value ([0134] and [0141], “application running on the network device detects (i) movement above a predetermined speed threshold ... Response to detecting movement above the speed threshold ... When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding Fig. 14C 1458, includes RSSI value is weaker than baseline (~threshold RSSI) value) (no at block 1458), the method continues by returning to block 1444”),
wherein the RSSI value indicates that the network device is outside of a driver envelope ([0141], RSSI value of a network device weaker/less than a threshold RSSI value (~baseline value) indicates that the network device is outside a restriction area/driver envelope; Fig. 6C 620, driver envelope; [0082], “Referring now to FIG. 6C, a third exemplary illustration of the interior cabin of the automobile of FIG. 6A including the wireless transceiver installed therein is shown. FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area (~driver envelope) 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620 and the automobile 600 is turned on, the network device 618 will receive a wireless signal (e.g., beacon) from the wireless transceiver 605 and detect a signal strength of a beacon(s) that is above a first threshold (~a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is greater than the threshold RSSI value). As stated above, detection of the signal strength of the beacon(s) above a first threshold indicates to the software application that the network device 618 is within the restricted area”, inversely, if the signal strength (~RSSI value of the first communication transmitted from the network device to the transceiver) is less than the threshold RSSI value (~below the first threshold), the network device is outside of the driver envelope (~restricted area)); and
responsive to detecting that the RSSI value is weaker than the threshold RSSI value, not restricting the first set of policies ([0141], “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding to Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and functionality of the network device is not restricted)) (no at block 1458), the method continues by returning to block 1444”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery in order to differentiate between a driver and a passenger to combat distracted driving and to take appropriate action only when the device is being used by the driver, thereby avoiding unnecessary interruptions for passenger.
The combination does not explicitly teach that not restricting the first set of policies is releasing the first set of policies.
However, a third embodiment of McKeefery teaches releasing a first set of policies (Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the third embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second embodiment of McKeefery in order to allow a full usage to a device when the device is detected as being used by a passenger and not a driver who can become distracted if allowed.
Regarding claim 2, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 1.
The first embodiment of McKeefery does not explicitly teach wherein the driver envelope includes an area surrounding the transceiver device such that a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is at least as strong as the threshold RSSI value, and wherein the transceiver device is located within a vehicle.
However, the second embodiment of McKeefery teaches wherein a driver envelope includes an area surrounding a transceiver device such that a RSSI value of a first communication transmitted from a network device when within a driver envelope to the transceiver device is at least as strong as the threshold RSSI value, and wherein the transceiver device is located within a vehicle ([0141], “When the RSSI value corresponding to network device on which the application is processing has increased (~at least as strong as the threshold RSSI value - corresponding Fig. 14C 1458, RSSI value is at least as strong as the baseline (~threshold RSSI) value) (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (no at block 1458), the method continues by returning to block 1444”; Fig. 6C 620, driver envelope; [0082] Referring now to FIG. 6C, a third exemplary illustration of the interior cabin of the automobile of FIG. 6A including the wireless transceiver installed therein is shown. FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area (~driver envelope) 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620 and the automobile 600 is turned on, the network device 618 will receive a wireless signal (e.g., beacon) from the wireless transceiver 605 and detect a signal strength of a beacon(s) that is above a first threshold (~a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is at least as strong as the threshold RSSI value). As stated above, detection of the signal strength of the beacon(s) above a first threshold indicates to the software application that the network device 618 is within the restricted area”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second embodiment of McKeefery and the third embodiment of McKeefery in order to restrict mobile devices to prevent distracted driving and enhance road safety, automatically blocking or limiting non-essential phone functions when a person is driving, reducing risk of accidents, injuries, and fatalities.
Regarding claim 4, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 1,
The first and the third embodiment of McKeefery does not explicitly teach further comprising: while continuing to detect that the speed of the network device is greater than the speed threshold, obtaining an RSSI value of a new communication transmitted from the network device to the transceiver; and when the RSSI value of the new communication indicates the network device is within the driver envelope, implementing the first set of policies on the network device.
However, the second embodiment of McKeefery further teaches further comprising: while continuing to detect that the speed of the network device is greater than the speed threshold, obtaining an RSSI value of a new communication transmitted from a network device to a transceiver; and when the RSSI value of the new communication indicates the network device is within a driver envelope, implementing a first set of policies on the network device ([0141], “Response to detecting movement above the speed threshold ... When the RSSI value corresponding to network device on which the application is processing has increased (~stronger than a threshold RSSI value - corresponding Fig. 14C 1458, stronger than a baseline (~threshold RSSI) value) (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (no at block 1458), the method continues by returning to block 1444”; Fig. 6C 620, driver envelope; [0082] Referring now to FIG. 6C, a third exemplary illustration of the interior cabin of the automobile of FIG. 6A including the wireless transceiver installed therein is shown. FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area (~driver envelope) 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620 and the automobile 600 is turned on, the network device 618 will receive a wireless signal (e.g., beacon) from the wireless transceiver 605 and detect a signal strength of a beacon(s) that is above a first threshold (~a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is greater than the threshold RSSI value). As stated above, detection of the signal strength of the beacon(s) above a first threshold indicates to the software application that the network device 618 is within the restricted area”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to provide a low cost, relatively long range, versatile, widely available, and good power consumption system for positioning.
Regarding claim 6, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 1,
wherein restricting the functionality of the network device includes removing icons from a display screen of the first network device (the first embodiment of McKeefery [0120], “implementation of the first subset of policies may result in removal of icons from the display screen of a mobile device (see FIGS. 18A-18B) in order to restrict functionality of the mobile device”).
Regarding claim 7, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 1,
wherein the first set of policies is implemented on an additional network device also detected as being within the driver envelope (the first embodiment of McKeefery [0109], “FIG. 10C further illustrates that the policy enforcement system 1000 may interact with multiple network devices located in a single vehicle (e.g., the network devices 1010, 1018 located within the vehicle 1006). In various embodiments, a first set of policies may be applied by each application to their corresponding network devices”; [0082], “FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area (~driver enveloped) 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620”, wherein based on Fig. 6C, both of the network devices 1010 and 1018 of Fig. 10C are located within the restricted area of Fig. 6C).
Regarding claim 8, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 1.
The first and the third embodiment of McKeefery does not explicitly teach wherein releasing the first set of policies is responsive to detecting that the RSSI value is weaker than the threshold RSSI value and detecting a device handling event.
However, the second embodiment of McKeefery further teaches wherein not restricting a first set of policies is responsive to detecting that a RSSI value is weaker than a threshold RSSI value and detecting a device handling event ([0141], “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and functionality of the network device is not restricted) (no at block 1458), the method continues by returning to block 1444”; Fig. 14A 1442, “application monitors mobile use and movement (~monitoring mobile movement is detecting a device handling event)”, B from Fig. 14A 1442 connects to B of Fig. 14C 1444 which comes before Fig. 14C 1458 (“RSSI value is stronger than baseline value ?”)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to allow a user to freely use his or her device if he or she is not posing any danger due to currently not driving.
The combination of the first and the second embodiment of Mckeefery does not explicitly teach that not restricting the first set of policies is releasing the first set of policies.
However, the third embodiment of McKeefery further teaches releasing a first set of policies (Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the third embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to allow a full usage to a device when the device is detected as being used by a passenger and not a driver who can become distracted if allowed.
Regarding claim 9, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 8.
The first and the third embodiment of McKeefery does not explicitly teach wherein the device handling event corresponds to a change between (i) a first set of data obtained from a gyroscope of the network device or data obtained from an accelerometer of the network device and (ii) a second set of data obtained from the gyroscope of the network device or data obtained from the accelerometer.
However, the second embodiment of McKeefery further teaches wherein a device handling event corresponds to a change between (i) a first set of data obtained from a gyroscope of a network device or data obtained from an accelerometer of the network device and (ii) a second set of data obtained from the gyroscope of the network device or data obtained from the accelerometer (Fig. 14A 1442, “application monitors mobile use and movement (~monitoring mobile movement is detecting a device handling event)”; [0121], “application obtains sensory data from an accelerometer of the network device in order to determine movement (i.e., acceleration)”, wherein change in accelerometer data (~difference of (i) first and (ii) second set of accelerometer data) indicates movement).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to measure non-gravitational acceleration, provide real-time objective data, and be deployed as a small, low-cost component.
Regarding claim 11, the first embodiment of McKeefery teaches a non-transitory computer readable storage medium having stored thereon instructions, the instructions being executable by one or more processors to perform operations ([0058], “network devices 104-106 each include a processor (e.g., circuitry) that is configured to execute logic stored within a storage medium of each of the network devices 104-106”; [0170], “application 2000 (referred to throughout the disclosure as “the application”), in one embodiment, may be stored on a non-transitory computer-readable storage medium of a network device”) comprising:
implementing a first set of policies on the network device, wherein implementation of the first set of policies is configured to restrict functionality of the first network device according to a predefined list of functionalities ([0152], “In response to detecting (i) the presence of the wireless transceiver, and (ii) movement above a predetermined speed threshold, the application implements a set of policies, wherein at least a first subset of the policies may restrict or limit functionality of the network device (block 1706)”; corresponds to Fig. 17A 1706).
The first embodiment of McKeefery does not explicitly teach while the speed continues to be above the speed threshold, detecting a received signal strength indicator (RSSI) value of a communication between the network device and the transceiver device that is weaker than a threshold RSSI value,
wherein the RSSI value indicates that the network device is outside of a driver envelope; and responsive to detecting that the RSSI value is weaker than a threshold RSSI value, releasing the first set of policies.
However, a second embodiment of McKeefery teaches while the speed continues to be above the speed threshold, detecting a received signal strength indicator (RSSI) value of a communication between the network device and the transceiver device that is weaker than a threshold RSSI value ([0134] and [0141], “application running on the network device detects (i) movement above a predetermined speed threshold ... Response to detecting movement above the speed threshold ... When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding Fig. 14C 1458, includes RSSI value is weaker than baseline (threshold RSSI) value) (no at block 1458), the method continues by returning to block 1444”),
wherein the RSSI value indicates that the network device is outside of a driver envelope ([0141], RSSI value of a network device weaker/less than a threshold RSSI value (~baseline value) indicates that the network device is outside a restriction area/driver envelope; Fig. 6C 620, driver envelope; [0082] Referring now to FIG. 6C, a third exemplary illustration of the interior cabin of the automobile of FIG. 6A including the wireless transceiver installed therein is shown. FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area (~driver envelope) 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620 and the automobile 600 is turned on, the network device 618 will receive a wireless signal (e.g., beacon) from the wireless transceiver 605 and detect a signal strength of a beacon(s) that is above a first threshold (~a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is greater than the threshold RSSI value). As stated above, detection of the signal strength of the beacon(s) above a first threshold indicates to the software application that the network device 618 is within the restricted area”, inversely, if the signal strength (~RSSI value of the first communication transmitted from the network device to the transceiver is less than the threshold RSSI value (~below the first threshold)), the network device is outside of the driver envelope (~restricted area)); and
responsive to detecting that the RSSI value is weaker than the threshold RSSI value, not restricting the first set of policies ([0141], “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and functionality of the network device is not restricted)) (no at block 1458), the method continues by returning to block 1444”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery in order to differentiate between a driver and a passenger to combat distracted driving and to take appropriate action only when the device is being used by the driver, thereby avoiding unnecessary interruptions for passenger.
The combination does not explicitly teach that not restricting the first set of policies is releasing the first set of policies.
However, a third embodiment of McKeefery teaches releasing a first set of policies (Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the third embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second embodiment of McKeefery in order to McKeefery in order to allow a full usage to a device when the device is detected as being used by a passenger and not a driver who can become distracted if allowed.
Regarding claim 12, the first embodiment of McKeefery, further in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 11,
The first and the third embodiment of McKeefery does not explicitly teach wherein the driver envelope includes an area surrounding the transceiver device such that a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is at least as strong as the threshold RSSI value, and wherein the transceiver device is located within a vehicle.
However, the second embodiment of McKeefery teaches wherein a driver envelope includes an area surrounding a transceiver device such that a RSSI value of a first communication transmitted from a network device when within a driver envelope to the transceiver device is at least as strong as the threshold RSSI value, and wherein the transceiver device is located within a vehicle ([0141], “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (~at least as strong as the threshold RSSI value - corresponding Fig. 14C 1458, RSSI value is at least as strong as the baseline (threshold RSSI) value) (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (no at block 1458), the method continues by returning to block 1444”; Fig. 6C 620, driver envelope; [0082] Referring now to FIG. 6C, a third exemplary illustration of the interior cabin of the automobile of FIG. 6A including the wireless transceiver installed therein is shown. FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area (~driver envelope) 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620 and the automobile 600 is turned on, the network device 618 will receive a wireless signal (e.g., beacon) from the wireless transceiver 605 and detect a signal strength of a beacon(s) that is above a first threshold (~a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is at least as strong as the threshold RSSI value). As stated above, detection of the signal strength of the beacon(s) above a first threshold indicates to the software application that the network device 618 is within the restricted area”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to restrict mobile devices to prevent distracted driving and enhance road safety, automatically blocking or limiting non-essential phone functions when a person is driving, reducing risk of accidents, injuries, and fatalities.
Regarding claim 14, the first embodiment of McKeefery, further in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 11.
The first and the third embodiment of McKeefery does not explicitly teach wherein the operations further comprising: while continuing to detect that the speed of the network device is greater than the speed threshold, obtaining an RSSI value of a new communication transmitted from the network device to the transceiver; and when the RSSI value of the new communication indicates the network device is within the driver envelope, implementing the first set of policies on the network device.
However, the second embodiment of McKeefery further teaches further comprising: while continuing to detect that the speed of the network device is greater than the speed threshold, obtaining an RSSI value of a new communication transmitted from a network device to a transceiver; and when the RSSI value of the new communication indicates the network device is within a driver envelope, implementing a first set of policies on the network device ([0141], “Response to detecting movement above the speed threshold ... When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420) (~stronger than a threshold RSSI value - corresponding Fig. 14C 1458, stronger than a baseline (threshold RSSI) value). When the RSSI value corresponding to network device on which the application is processing has not increased (no at block 1458), the method continues by returning to block 1444”; Fig. 6C 620, driver envelope; [0082] Referring now to FIG. 6C, a third exemplary illustration of the interior cabin of the automobile of FIG. 6A including the wireless transceiver installed therein is shown. FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area (~driver envelope) 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620 and the automobile 600 is turned on, the network device 618 will receive a wireless signal (e.g., beacon) from the wireless transceiver 605 and detect a signal strength of a beacon(s) that is above a first threshold (~a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is greater than the threshold RSSI value). As stated above, detection of the signal strength of the beacon(s) above a first threshold indicates to the software application that the network device 618 is within the restricted area”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to provide a low cost, relatively long range, versatile, widely available, and good power consumption system for positioning.
Regarding claim 16, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 11,
wherein restricting the functionality of the network device includes removing icons from a display screen of the first network device (the first embodiment of McKeefery [0120], “implementation of the first subset of policies may result in removal of icons from the display screen of a mobile device (see FIGS. 18A-18B) in order to restrict functionality of the mobile device”).
Regarding claim 17, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 11,
wherein the first set of policies is implemented on an additional network device also detected as being within the driver envelope (the first embodiment of McKeefery [0109], “FIG. 10C further illustrates that the policy enforcement system 1000 may interact with multiple network devices located in a single vehicle (e.g., the network devices 1010, 1018 located within the vehicle 1006). In various embodiments, a first set of policies may be applied by each application to their corresponding network devices”; [0082], “FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area (~driver enveloped) 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620”, wherein based on Fig. 6C, both of the network devices 1010 and 1018 of Fig. 10C are located within the restricted area of Fig. 6C).
Regarding claim 18, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 11.
The first and the third embodiment of McKeefery does not explicitly teach wherein releasing the first set of policies is responsive to detecting that the RSSI value is weaker than the threshold RSSI value and detecting a device handling event.
However, the second embodiment of McKeefery further teaches wherein not restricting a first set of policies is responsive to detecting that a RSSI value is weaker than a threshold RSSI value and detecting a device handling event ([0141], “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and functionality of the network device is not restricted) (no at block 1458), the method continues by returning to block 1444”; Fig. 14A 1442, “application monitors mobile use and movement (~monitoring mobile movement is detecting a device handling event)”, B from Fig. 14A 1442 connects to B of Fig. 14C 1444 which comes before Fig. 14C 1458 (“RSSI value is stronger than baseline value ?”)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to allow a user to freely use his or her device if he or she is not posing any danger due to currently not driving.
The combination of the first and the second embodiment of Mckeefery does not explicitly teach that not restricting the first set of policies is releasing the first set of policies.
However, the third embodiment of McKeefery further teaches releasing a first set of policies (Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the third embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to allow a full usage to a device when the device is detected as being used by a passenger and not a driver who can become distracted if allowed.
Regarding claim 19, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 18.
The first and the third embodiment of McKeefery does not explicitly teach wherein the device handling event corresponds to a change between (i) a first set of data obtained from a gyroscope of the network device or data obtained from an accelerometer of the network device and (ii) a second set of data obtained from the gyroscope of the network device or data obtained from the accelerometer.
However, the second embodiment of McKeefery further teaches wherein a device handling event corresponds to a change between (i) a first set of data obtained from a gyroscope of a network device or data obtained from an accelerometer of the network device and (ii) a second set of data obtained from the gyroscope of the network device or data obtained from the accelerometer (Fig. 14A 1442, “application monitors mobile use and movement (~monitoring mobile movement is detecting a device handling event)”; [0121], “application obtains sensory data from an accelerometer of the network device in order to determine movement (i.e., acceleration)”, wherein change in accelerometer data (~difference of (i) first and (ii) second set of accelerometer data) indicates movement).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to measure non-gravitational acceleration, provide real-time objective data, and be deployed as a small, low-cost component.
8. Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over the first embodiment of McKeefery in view of the second embodiment of McKeefery, further in view of the third embodiment of McKeefery, and further in view of Lin ("System And Method for Remotely Controlling Operations of Vehicle", EP3010002A1, pub. date 20-04-2016).
Regarding claim 3, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 1.
The combination does not explicitly teach further comprising: prior to detecting the RSSI value of the communication being weaker than the threshold RSSI value, detecting a motion event of the network device, wherein detecting the motion event includes detecting a change in a rotation value for at least one of the X-, Y- or Z-axis detected by a gyroscope of the network device relative to a position baseline, and wherein detecting the motion event triggers an analysis of the RSSI value of the communication.
However, Lin teaches further comprising: prior to detecting an RSSI value of a communication being weaker than a threshold RSSI value, detecting a motion event of a network device, wherein detecting the motion event includes detecting a change in a rotation value for at least one of an X-, Y- or Z-axis detected by a gyroscope of the network device relative to a position baseline, and wherein detecting the motion event triggers an analysis of the RSSI value of the communication ([0011], “A location module 20 is provided for determining the location of the driver which can be achieved by Gsensor, GPS and/or gyroscope in the handheld electronic device 10, and the location of the vehicle 7 which can be performed by analyzing RSSI (~received signal strength indication) or GPS {global positioning system) information from the base station 70 in the vehicle 7 via the chip key 40”, wherein prior to detecting an RSSI value of a communication, a change in a rotation value is detected by a gyroscope, and an analysis of the RSSI value occurs afterwards).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Lin with the teaching of the first embodiment of McKeefery as modified by the second embodiment of McKeefery and the third embodiment of McKeefery in order to overcome inherent limitations of each technology to create a more accurate and reliable indoor positioning system, leveraging the strengths of both systems to provide a more robust solution.
Regarding claim 13, the first embodiment of McKeefery, further in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 11.
The combination does not explicitly teach wherein the operations further comprise: prior to detecting the RSSI value of the communication being weaker than the threshold RSSI value, detecting a motion event of the network device, wherein detecting the motion event includes detecting a change in a rotation value for at least one of the X-, Y- or Z-axis detected by a gyroscope of the network device relative to a position baseline, and wherein detecting the motion event triggers an analysis of the RSSI value of the communication.
However, Lin teaches further comprising: prior to detecting an RSSI value of a communication being weaker than a threshold RSSI value, detecting a motion event of a network device, wherein detecting the motion event includes detecting a change in a rotation value for at least one of an X-, Y- or Z-axis detected by a gyroscope of the network device relative to a position baseline, and wherein detecting the motion event triggers an analysis of the RSSI value of the communication ([0011], “A location module 20 is provided for determining the location of the driver which can be achieved by Gsensor, GPS and/or gyroscope in the handheld electronic device 10, and the location of the vehicle 7 which can be performed by analyzing RSSI (received signal strength indication) or GPS {global positioning system) information from the base station 70 in the vehicle 7 via the chip key 40”, wherein prior to detecting an RSSI value of a communication, a change in a rotation value is detected by a gyroscope, and an analysis of the RSSI value occurs afterwards).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Lin with the teaching of the first embodiment of McKeefery as modified by the second embodiment of McKeefery and the third embodiment of McKeefery in order to overcome inherent limitations of each technology to create a more accurate and reliable indoor positioning system, leveraging the strengths of both systems to provide a more robust solution.
9. Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over the first embodiment of McKeefery in view of the second embodiment of McKeefery, further in view of the third embodiment of McKeefery, and further in view of Hynes (US 2016/0174132 A1).
Regarding claim 5, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 1.
The first and the second embodiment of McKeefery does not explicitly teach wherein responsive to detecting the change in the RSSI value indicating the network device has moved outside of the driver envelope,
releasing the first set of policies and implementing a second set of policies, wherein the second set of policies restricts a subset of the functionalities restricted by the first set of policies.
However, the second embodiment of McKeefery further teaches wherein responsive to detecting a change in a RSSI value indicating a network device has moved outside of a driver envelope ([0141], responsive to detecting a change in a RSSI value of a network device to weaker/less than a threshold RSSI value (~baseline value) indicates that the network device has moved outside of a restriction area/driver envelope; Fig. 6C 620, driver envelope; [0082], “Referring now to FIG. 6C, a third exemplary illustration of the interior cabin of the automobile of FIG. 6A including the wireless transceiver installed therein is shown. FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area (~driver envelope) 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620 and the automobile 600 is turned on, the network device 618 will receive a wireless signal (e.g., beacon) from the wireless transceiver 605 and detect a signal strength of a beacon(s) that is above a first threshold (~a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is greater than the threshold RSSI value). As stated above, detection of the signal strength of the beacon(s) above a first threshold indicates to the software application that the network device 618 is within the restricted area”, inversely, if the signal strength (~RSSI value of the first communication transmitted from the network device to the transceiver is less than the threshold RSSI value (~below the first threshold), the network device is outside of the driver envelope (~restricted area))),
not restricting a first set of policies and implementing a second set of policies ([0141], “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and the set of policies (~set of functionalities) on the network device is not restricted) (no at block 1458), the method continues by returning to block 1444”; Initially, in a first set of policies, three out of total of five available policies can be restricted (thus, the first set has two out of five policies/functionalities active/not restricted) and then the initially restricted/limited three policies/functionalities can be released to produce a second set having all five out of five policies/functionalities active/not restricted).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first and the second embodiment of McKeefery in order to differentiate between a driver and a passenger to combat distracted driving and to take appropriate action only when the device is being used by the driver, thereby avoiding unnecessary interruptions for passenger.
The combination of the first and the second embodiment of McKeefery does not explicitly teach that not restricting the first set of policies is releasing the first set of policies.
However, the third embodiment of McKeefery further teaches releasing a first set of policies (Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the third embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to allow a full usage to a device when the device is detected as being used by a passenger and not a driver who can become distracted if allowed.
The combination does not explicitly teach wherein the second set of policies restricts a subset of the functionalities restricted by the first set of policies.
However, Hynes teaches wherein a second set of policies restricts a subset of functionalities restricted by a first set of policies ([0063], “the restricted access may pertain only to a subset of the functionalities of the device. For example, a user may still be allowed to make phone calls and/or use a GPS navigation application of the device but prevented from sending text messages. In some embodiments, the restrictions may only pertain to a subset of operations associated with an application. For example, a user may still be allowed to view incoming text messaged but prevented from composing and sending new text messages”, wherein the first set of policies is when initially the restriction was for an entire set of policies and the second set of polices is when the restriction is for a subset of the entire set of policies (~first set of policies)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Hynes with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to block the most dangerous and distracting visual and manual tasks, such as texting or scrolling, while still allowing for essential and low-distraction functions like navigation or hands-free calling.
Regarding claim 15, the first embodiment of McKeefery, further in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 11.
The first and the third embodiment of McKeefery does not explicitly teach wherein responsive to detecting the change in the RSSI value indicating the network device has moved outside of the driver envelope,
releasing the first set of policies and implementing a second set of policies, wherein the second set of policies restricts a subset of the functionalities restricted by the first set of policies.
However, the second embodiment of McKeefery further teaches wherein responsive to detecting a change in a RSSI value indicating a network device has moved outside of a driver envelope ([0141], responsive to detecting a change in a RSSI value of a network device to weaker/less than a threshold RSSI value (~baseline value) indicates that the network device has moved outside of a restriction area/driver envelope; Fig. 6C 620, driver envelope; [0082] Referring now to FIG. 6C, a third exemplary illustration of the interior cabin of the automobile of FIG. 6A including the wireless transceiver installed therein is shown. FIG. 6C also illustrates an exemplary restricted area 620. As shown, the restricted area (~driver envelope) 620 is a circular area having the wireless transceiver 605 as the center point of the circle and the outer most dotted circular ring representing the perimeter of the restricted area 620. When the network device 618, not shown in FIG. 6C, is located within the restricted area 620 and the automobile 600 is turned on, the network device 618 will receive a wireless signal (e.g., beacon) from the wireless transceiver 605 and detect a signal strength of a beacon(s) that is above a first threshold (~a RSSI value of a first communication transmitted from the network device when within the driver envelope to the transceiver device is greater than the threshold RSSI value). As stated above, detection of the signal strength of the beacon(s) above a first threshold indicates to the software application that the network device 618 is within the restricted area”, inversely, if the signal strength (~RSSI value of the first communication transmitted from the network device to the transceiver is less than the threshold RSSI value (~below the first threshold)), the network device is outside of the driver envelope (~restricted area)),
not restricting a first set of policies and implementing a second set of policies ([0141], “When the RSSI value corresponding to network device on which the application is processing has increased (yes at block 1458), the application implements a set of policies on the network device to limit and/or restrict the functionality of the network device (block 1420). When the RSSI value corresponding to network device on which the application is processing has not increased (~includes weaker than a threshold RSSI value - corresponding Fig. 14C 1458, includes weaker than a baseline (~threshold RSSI) value and the set of policies (~set of functionalities) on the network device is not restricted) (no at block 1458), the method continues by returning to block 1444”); Initially, in a first set of policies, three out of total of five available policies can be restricted (thus, the first set has two out of five policies/functionalities active/not restricted) and then the initially restricted/limited three policies/functionalities can be released to produce a second set having all five out of five policies/functionalities active/not restricted).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the second embodiment of McKeefery with the teaching of the first, the second, and the third embodiment of McKeefery in order to differentiate between a driver and a passenger to combat distracted driving and to take appropriate action only when the device is being used by the driver, thereby avoiding unnecessary interruptions for passenger.
The combination of the first and the second embodiment of McKeefery does not explicitly teach that not restricting the first set of policies is releasing the first set of policies.
However, the third embodiment of McKeefery further teaches releasing a first set of policies (Fig. 15 1510, “responsive to detecting a change in RSSI ... withdraw implementation of the set of policies to device_1”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of the third embodiment of McKeefery with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to allow a full usage to a device when the device is detected as being used by a passenger and not a driver who can become distracted if allowed.
The combination does not explicitly teach wherein the second set of policies restricts a subset of the functionalities restricted by the first set of policies.
However, Hynes teaches wherein a second set of policies restricts a subset of functionalities restricted by a first set of policies ([0063], “the restricted access may pertain only to a subset of the functionalities of the device. For example, a user may still be allowed to make phone calls and/or use a GPS navigation application of the device but prevented from sending text messages. In some embodiments, the restrictions may only pertain to a subset of operations associated with an application. For example, a user may still be allowed to view incoming text messaged but prevented from composing and sending new text messages”, wherein the first set of policies is when initially the restriction was for an entire set of policies and the second set of polices is when the restriction is for a subset of the entire set of policies (~first set of policies)).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Hynes with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to block the most dangerous and distracting visual and manual tasks, such as texting or scrolling, while still allowing for essential and low-distraction functions like navigation or hands-free calling.
10. Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over , the first embodiment of McKeefery in view of the second embodiment of McKeefery, further in view of the third embodiment of McKeefery, and further in view of Kadous (US 9037125 B1).
Regarding claim 10, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the computerized method of claim 9.
The combination does not explicitly teach wherein detecting the device handling event includes scoring of input by a machine learning model, wherein the input includes at least the first set of data and the second set of data.
However, Kadous teaches wherein detecting a device handling event includes scoring of input by a machine learning model, wherein the input includes at least the first set of data and the second set of data (col. 17 lines 48-61, “machine learning system of driving probability module 26 may analyze gyroscopic (~first set of data) and/or accelerometer data (~second set of data) received from wearable computing device 10 to determine relative changes in speed and/or direction of wearable computing device 10. The variation in speed and/or direction can be used by the machine learning system to determine small changes in speed and/or direction that may indicate whether a person wearing wearable computing device 10 is moving his or hand or other appendage in a way that is consistent with a pattern of movement associated with driving a vehicle. For example, a person who wears wearable computing device 10 may cause the direction and/or speed of wearable computing device 10 to change as the person moves a gear shift, steers a steering wheel, etc.”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kadous with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to more effectively detect device movement identifying complex patterns in large datasets, leading to higher accuracy and fewer false positives compared to traditional methods.
Regarding claim 20, the first embodiment of McKeefery in view of the second embodiment of McKeefery, and further in view of the third embodiment of McKeefery teaches the non-transitory computer readable storage medium of claim 19.
The combination does not explicitly teach wherein detecting the device handling event includes scoring of input by a machine learning model, wherein the input includes at least the first set of data and the second set of data.
However, Kadous teaches wherein detecting a device handling event includes scoring of input by a machine learning model, wherein the input includes at least the first set of data and the second set of data (col. 17 lines 48-61, “machine learning system of driving probability module 26 may analyze gyroscopic (~first set of data) and/or accelerometer data (~second set of data) received from wearable computing device 10 to determine relative changes in speed and/or direction of wearable computing device 10. The variation in speed and/or direction can be used by the machine learning system to determine small changes in speed and/or direction that may indicate whether a person wearing wearable computing device 10 is moving his or hand or other appendage in a way that is consistent with a pattern of movement associated with driving a vehicle. For example, a person who wears wearable computing device 10 may cause the direction and/or speed of wearable computing device 10 to change as the person moves a gear shift, steers a steering wheel, etc.”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Kadous with the teaching of the first embodiment of McKeefery as modified by the second and the third embodiment of McKeefery in order to more effectively detect device movement identifying complex patterns in large datasets, leading to higher accuracy and fewer false positives compared to traditional methods.
Conclusion
11. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER J. YI whose telephone number is (571)270-7696. The examiner can normally be reached Monday thru Friday: 8:00AM to 5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached at (571)272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXANDER J YI/Examiner, Art Unit 2643
/CHARLES N APPIAH/Supervisory Patent Examiner, Art Unit 2641
Prosecution Insights