Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in response to Request for Continued Examination (RCE) 08/07/2026. Claims 1, 5, 8, and 9 have been amended and are pending.
Claim Rejections - 35 USC § 103
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, 3, and 5 – 9 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over Ricci USPN 9098367 in view of Breaux et al. US 20190182749 A1.
Regarding claims 1, 5, 8 and 9, Ricci discloses a server comprising a one or more processor configured to:
determine whether a vehicle is being driven [24:42 – 55, see operator behavior and driving patterns]; and send a notification requesting a user of the vehicle to approve processing related to a software update of a control device installed in the vehicle [30:20 – 25, see message indication installation/update].
determine that the vehicle is not being driven when a mobile terminal portable by a user of the vehicle is located outside the vehicle;
Although Ricci does include a mobile device in his teachings of the art he doesn’t expressly disclose sending the notification when the vehicle is being driven, send the notification to an in-vehicle terminal mounted and not send the notification to the mobile terminal; and when the vehicle is not being driven, send the notification to the mobile terminal portable by the user and to the in-vehicle terminal, wherein, when each of the in-vehicle terminal and the mobile terminal receives the notification, each of the in-vehicle terminal and the mobile terminal is configured to display a message that prompts the user to perform an operation indicating whether the user approves or rejects the notification
wherein each of the in-vehicle terminal and the mobile terminal is configured to send a reply indicating approval to the at least one processor when the operation indicating approval is performed by the user, and
wherein the at least one processor is configured to advance processing related to the software update to a download phase when the reply indicating approval is received from either the in-vehicle terminal or the mobile terminal within a predetermined reception period.
Breaux does however disclose Context can also be identified by a third party through system integration in which an outside system is given the authority to determine and control the device context and policy to enforce and this includes driving [0028] as well as a fortified update and notification management system which prompts the user with interactions between the system regarding updates and system level processes see [0056 - 0065, notification component 710, update component 708, as well as management console].
Therefore, it would have been obvious to one or ordinary skill in the art before the filing of the invention to combine both Ricci and Breaux because it would enable provide control of the vehicle with the outside device as well as being able to approve the system notifications by the user before processing the actions.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,3, and 5 – 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Chuck Kendall whose telephone number is 571-272-3698. The examiner can normally be reached on 10:00 am - 6:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hyung Sough can be reached on 571-272-6799. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUCK O KENDALL/
Primary Examiner, Art Unit 2192
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