CTFR 18/364,594 CTFR 75190 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 Application filed 03/23/26. Claims 1, 3, and 5 – 9 has been examined and is pending. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21 AIA 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 2019/0182749 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. 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] 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. Regarding claim 3, the server according to claim 2, wherein at least one processor is further configured to, when the vehicle is not being driven, send the notification to the mobile terminal but also to the in-vehicle terminal (24:59 – 66, see messaging and signal protocols as well as operation, and user behavior). Regarding claim 6, the software update system according to claim 5, wherein: the at least one processor of the server is configured to send the notification to the in-vehicle terminal and to the mobile terminal when the vehicle is being driven [24:42 – 55, see operator behavior and driving patterns, and 30:15 – 25, see messages also see portable device i.e., mobile terminal]; and when the mobile terminal receives the notification from the at least one processor of the server while the vehicle is being driven, the mobile terminal is configured to notify the user of the software update by voice [10:18 – 20, see natural voice interaction]. Regarding claim 7, the software update system according to claim 5, wherein: when each of the in-vehicle terminal and the mobile terminal receives the notification from the at least one processor of the server, 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[24:42 – 55, see operator behavior and driving patterns, and 30:15 – 25, see messages also see portable device i.e., mobile terminal]; and each of the in-vehicle terminal and the mobile terminal sends a reply indicating approval to the at least one processor of the server when the operation indicating approval is performed by the user [15 – 25, see messages also see portable device i.e., mobile terminal]. 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 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only [0060 – 0080]. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /CHUCK O KENDALL/ Primary Examiner, Art Unit 2192 Application/Control Number: 18/364,594 Page 2 Art Unit: 2192 Application/Control Number: 18/364,594 Page 3 Art Unit: 2192 Application/Control Number: 18/364,594 Page 4 Art Unit: 2192
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