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 .
Response to Amendment
Applicant’s submission of a response on 3/12/26 has been received and considered. In the response, Applicant amended claims 1, canceled claims 2-5 and added claim 6. Therefore, claims 1 and 6 are pending.
Claim Rejections - 35 USC § 102
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Endo (pub. no. 20220288495).
Regarding claim 1, Endo discloses a game system comprising: an on-board device mounted on a vehicle, the on-board device being configured to; acquire vehicle information about the vehicle, transmit the vehicle information to a server (“As shown in FIG. 1, the vehicle 30 includes an electronic control unit (ECU) 31, a wheel speed sensor 32 (a detection section), an accelerator position sensor 33 (a detection section), a steering angle sensor 34 (a detection section), an ignition switch 35, a display part 36 (an event display section), a global positioning system (GPS) receiver 37 (a detection section), a first wireless communications device 38, a second wireless communications device 39, a shift lever position sensor 40 (a detection section), a brake pedal force sensor 41 (a detection section), and other detection sections (not shown in the drawings)”, [0044];
“Detection value data, which is data representing the detection values detected by the wheel speed sensor 32, accelerator position sensor 33, steering angle sensor 34, GPS receiver 37, shift lever position sensor 40, brake pedal force sensor 41 and the other detection sections of the vehicle 30, is sequentially recorded at the storage 31D. As described below, when the ignition switch 35 is switched from an on position to an off position, all the detection value data which was recorded at the storage 31D while the ignition switch 35 was at the on position is transmitted from the first wireless communications device 38 through the network to the driving assessment device 10 (the transmission/reception section 11), and is recorded at storage of the driving assessment device 10. All the detection value data recorded at the storage of the driving assessment device 10 includes information relating to the vehicle ID, information relating to times of acquisition, and position information acquired by the GPS receiver 37”, [0052]);
the server configured to receive the vehicle information from the on-board device (“The driving assessment device 10 and portable terminal 80 shown in FIG. 1 are capable of connecting to the network. The driving assessment device 10 is administered by an organization “A”, who is the manufacturer that produced the vehicle 30. As shown in FIG. 2, similarly to the ECU 31, the driving assessment device 10 includes a CPU (processor) 10A, ROM 10B that serves as a non-transitory recording medium (memory medium), RAM 10C that serves as a non-transitory recording medium (memory medium), storage 10D that serves as a non-transitory recording medium (memory medium), a communications interface 10E and an input/output interface 10F. The CPU 10A, ROM 10B, RAM 10C, storage 10D, communications interface 10E and input/output interface 10F are connected with one another to be capable of communications via a bus 10Z. The driving assessment device 10 and the portable terminal 80 are capable of acquiring information of dates and times from timers (not shown in the drawings)”, [0053]),
determine content of a game based on the vehicle information, and transmit the content of the game to a personal terminal; and the personal terminal including a memory storing the game, and a processor configured to receive the content of the game from the server, and control progress of the game on the personal terminal independently of the server by executing the game (“FIG. 7 is a block diagram showing an example of functional structures of the portable terminal 80. As functional structures, the portable terminal 80 includes a first transmission/reception control section 801, a second transmission/reception control section 802 and a display part control section 803. The first transmission/reception control section 801, second transmission/reception control section 802 and display part control section 803 are realized by a CPU reading and executing a program memorized in ROM. The portable terminal 80 is in the possession of, for example, a driver of the vehicle 30 to which the vehicle ID is assigned. A predetermined driving assessment display application and a game application are installed at the portable terminal 80”, [0056];
“When the processing of step S53 is complete, the driving assessment device 10 proceeds to step S54, and the modification factor assignment section 103 sets modification factors which are decided depending on the scores of acceleration operations, braking operations and steering operations, whether or not events have been achieved, and whether or not bonus actions have been conducted. The meaning of the term “modification factor” as used herein is intended to include factors that reflect the results of the second driving assessment in a game that is implemented by the game application installed at the portable terminal 80. This game is a role-playing video game that utilizes position information. That is, when the portable terminal 80 is moved, a character appearing in the game moves on a map image displayed at the display part 81. Capabilities of the character are evaluated by three strengths: attack strength, defense strength and body strength. The character may obtain in-game money and weapons. The character can also learn predetermined magic (magic spells). The modification factors according to the present exemplary embodiment assign improvements to the above-mentioned elements representing attributes of the character (attack strength, defense strength, body strength, in-game money, weapons and magic). The greater a modification factor, the greater the extent by which an element is improved.
FIG. 17 shows an example of modification factors. The higher the score for acceleration operations, the more the attack strength is improved. The higher the score for braking operations, the more the defense strength is improved. The higher the score for steering operations, the more the body strength is improved. When the bonus action 1 is achieved, a predetermined amount of in-game money is given to the character. When the bonus action 2 is achieved, a predetermined weapon is given to the character. When the event 1 is achieved, the character learns a predetermined magic. When the special event 2 is achieved, the character learns another predetermined magic. In the present exemplary embodiment, modification factors when the special events 1 to 3 are achieved are greater than modification factors when the events 1 to 3 are achieved”, [0110] & [0111];
“When the result of the determination in step S58 is Yes, the driving assessment device 10 proceeds to step S59. When the processing of step S52 has been carried out, in step S59 the transmission/reception section 11 transmits the results of the first driving assessment to the first transmission/reception section 83 of the portable terminal 80. Alternatively, when the processing of step S56 has been carried out, in step S59 the transmission/reception section 11 transmits the results of the second driving assessment, the modification factors and the coefficient to the first transmission/reception section 83”, [0116]; see also [0123] – [0130]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Endo (pub. no. 20220288495) in view of Ricci (pub. no. 20160039426).
Regarding claim 6, it is noted that Endo does not disclose processed information that is not identifiable. Ricci however, teaches processed information that is not identifiable (“Furthermore, it should be appreciated that the various links connecting the elements can be wired or wireless links, or any combination thereof, or any other known or later developed element(s) that is capable of supplying and/or communicating data to and from the connected elements. These wired or wireless links can also be secure links and may be capable of communicating encrypted information”, [0575]).
Exemplary rationales that may support a conclusion of obviousness include use of known technique to improve similar devices (methods, or products) in the same way. Here both Endo and Ricci are directed to systems and methods that track driver behavior. To add the secure links of Ricci to the Endo invention would be to use a known technique to improve similar devices in the same way. Therefore, it would have been obvious to a person having ordinary skill in the art as of the effective filing date of the claimed invention to modify Endo to use the secure links as taught by Ricci. To do so would make spoofing vehicle data difficult thereby improving the perceived security of the system.
Response to Arguments
Applicant’s arguments filed on March 12, 2026 have been fully considered but they are not entirely persuasive.
Applicants arguments on pages 10 & 11 with respect to Lake-Schaal are moot in light of the new grounds of rejection detailed above.
Conclusion
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 LAWRENCE STEFAN GALKA whose telephone number is (571)270-1386. The examiner can normally be reached M-F 6-9 & 12-5.
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, Dmitry Suhol can be reached at 571-272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAWRENCE S GALKA/Primary Examiner, Art Unit 3715
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