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 Arguments
Applicant’s arguments with respect to claim(s) 1 and 11 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.
Regarding Applicant’s argument that claims 2-10 are depended from independent claim 1.
Examiner respectfully disagrees. First, claim 10 is an independent claim. Second, since Applicant failed to point out how the independent claim 10 is distinguished from the reference, the 35 U.S.C. 102(a)(1) rejection is maintained.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tabata (U.S. Publication No. 20040079564).
Regarding claim 10, Tabata teaches a vehicle which is adapted to carry out a method for detecting and visualizing of a fuel type used in the vehicle, the method comprising: determining measurement data of the fuel by at least one sensor during at least one of filling of the vehicle with a fuel and during operation of the vehicle with the fuel (Paragraph 855, “The hybrid vehicle of the modification has fuel types sensors 38 and 39 that are respectively disposed in a gasoline flow path 36 and a methanol flow path 37 to identify the type of fuel currently flowing therethrough”); evaluating measurement data of the fuel (Paragraph 861, “The CPU in the control unit 70 periodically executes the fuel type detection routine at preset time intervals during a drive of the vehicle”); and based on the determined measurement data of the fuel, activating, deactivating, and/or changing at least one function in any of the vehicle interior and an outer area of the vehicle (Paragraph 859, “The hybrid vehicle may have an alarm mechanism, which gives an alarm display or an alarm sound to inform the user of the supply of wrong fuel, based on the detection results of these fuel type sensors 38 and 39. A display unit for the alarm display may be located in the vicinity of the fuel inlet unit 40 or the driver's seat”).
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.
Claims 1-5, 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yoneya et al. (U.S. Publication No. 20230067661) in view of Okuji et al. (U.S. Publication No. 20180334034).
Regarding claim 1, Yoneya teaches a method for detecting of a fuel type used in a vehicle, comprising: determining measurement data of the fuel by at least one sensor during at least one of filling of the vehicle with a fuel and operation of the vehicle with the fuel (Paragraph 27); evaluating measurement data of the fuel by a control unit of the vehicle; determining a portion of the fuel is produced from renewable resources by evaluation of the measurement data of the at least one sensor (Paragraph 27); and based on the determined measurement data for the fuel, activating, deactivating, and/or changing at least one function in any of the vehicle interior and an outer area of the vehicle (Paragraph 11).
Yoneya is silent about visualizing of a fuel type used in a vehicle.
Okuji teaches visualizing of a fuel type used in a vehicle (Paragraphs 24-29).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yoneya’s system to virtualize the fuel type because it would allow a user to understand the operation of the vehicle.
Regarding claim 2, the combination of Yoneya and Okuji teaches all the features of claim 1 as outlined above, Okuji further teaches determining a type of operation of the vehicle utilizing the fuel or a battery electrical type of operation of the vehicle with the aid of the measurement data of the at least one sensor (Paragraphs 24-29).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yoneya’s system to determine a type of operation because it would allow a user to understand the type of operation of the vehicle.
Regarding claim 3, Yoneya teaches receiving a fuel type from a control unit of the vehicle when fueling the vehicle (Paragraphs 29-30).
Regarding claim 4, the combination of Yoneya and Okuji teaches all the features of claim 1 as outlined above, Okuji further teaches determining a type of operation of the vehicle not utilizing a fuel by evaluation of the measurement data of the at least one sensor (Paragraphs 24-29).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yoneya’s system to determine a type of operation because it would allow a user to understand the type of operation of the vehicle.
Regarding claim 5, the combination of Yoneya and Okuji teaches all the features of claim 4 as outlined above, Okuji further teaches wherein the at least one function in the form of a visualization is activated in at least one of the vehicle interior and the outer area of the vehicle when operation of the vehicle is determined to be the type utilizing a fuel type produced exclusively from renewable sources, the type utilizing a fuel type with an increased portion from renewable sources, or the type of operation of the vehicle not utilizing a fuel (Paragraphs 24-29).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yoneya’s system to determine a type of operation because it would allow a user to understand the type of operation of the vehicle.
Regarding claim 8, the combination of Yoneya and Okuji teaches all the features of claim 1 as outlined above, Okuji further teaches wherein the at least one function is activated, deactivated, and/or varied as at least one of a light signature, a background lighting of the vehicle interior, a color of the background lighting of the vehicle interior, a symbol in an area of a dashboard of the vehicle, a color in the area of the dashboard of the vehicle, a color of at least one lighting device in the outer area of the vehicle, and the at least one lighting device in the outer area of the vehicle (Paragraphs 24-29).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yoneya’s system to determine a type of operation because it would allow a user to understand the type of operation of the vehicle.
Regarding claim 9, Yoneya teaches determining the fuel type based on measurement data of at least one sensor, the at least one sensor configured as an environment sensor (Paragraph 27).
Regarding claim 11, Yoneya teaches a method for detecting of a fuel type used in a vehicle, comprising: determining measurement data of the fuel by at least one sensor during operation of the vehicle (Paragraph 27); evaluating measurement data of the fuel by a control unit of the vehicle; and based on the determined measurement data for the fuel, activating, deactivating, and/or changing at least one function in any of the vehicle interior and an outer area of the vehicle (Paragraph 11).
Yoneya is silent about visualizing of a fuel type used in a vehicle and determining the vehicle is operated by not utilizing the fuel by evaluation of the measurement data of the at least one sensor.
Okuji teaches visualizing of a fuel type used in a vehicle (Paragraphs 24-29) and determining the vehicle is operated by not utilizing the fuel by evaluation of the measurement data of the at least one sensor (Paragraphs 24-29).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yoneya’s system to virtualize the fuel type because it would allow a user to understand the operation of the vehicle, also it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Yoneya’s system to determine a type of operation because it would allow a user to understand the type of operation of the vehicle.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Tabata (U.S. Publication No. 20040079564) in view of Okuji et al. (U.S. Publication No. 20180334034) and Hyde et al. (U.S. Patent No. 20110029358).
Regarding claim 6, the combination of Yoneya and Okuji teaches all the features of claim 4 as outlined above, the combination of Yoneya and Okuji is silent about wherein the at least one function is activated in the form of a reward for a driver of the vehicle when operation of the vehicle is determined to be the type utilizing a fuel type produced exclusively from renewable sources, the type utilizing a fuel type with an increased portion from renewable sources, or the type of operation of the vehicle not utilizing the fuel.
Hyde teaches wherein the at least one function is activated in the form of a reward for a driver of the vehicle when operation of the vehicle is determined to be the type utilizing a fuel type produced exclusively from renewable sources, the type utilizing a fuel type with an increased portion from renewable sources, or the type of operation of the vehicle not utilizing the fuel (Paragraphs 73-74 and 87).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to reward a driver for operating a vehicle in electric power mode because it would encourage the driver to operate the vehicle in electric power mode, therefore it would reduce fuel consumption and reduce pollution.
Regarding claim 7, the combination of Yoneya, Okuji and Hyde teaches all the features of claim 6 as outlined above, Hyde further teaches herein the at least one function in the form of a reward is provided as at least one of a certificate, a credit, a discount, and access to an offer (Paragraphs 73-74 and 87).
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 XIN Y ZHONG whose telephone number is (571)272-3798. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
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/XIN Y ZHONG/ Primary Examiner, Art Unit 2855
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