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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/10/2026 has been entered.
Response to Arguments
Applicant's arguments filed on 03/10/2026 with regards to the rejections of the claims under 35 USC § 103 have been fully considered but they are not persuasive. The applicant argues that the cited references, either alone or in combination, fail to disclose all limitations of the independent claims, particularly a speed command control device including software and a personal identification number (PIN), integration with a wireless receiver/transceiver, and configuration of a vehicle to a reduced speed that remains active until cleared. Applicant further contends that Idsinga and Firari are directed to fundamentally different systems (speed limiting vs. anti-theft) and that there isn’t a motivation to combine the references.
The examiner respectfully disagrees with these arguments. Idsinga discloses a vehicle speed limiting system including a processing unit and associated control logic configured to receive input from a remote unit and control vehicle speed accordingly. The processing unit and control logic of Idsinga constitute the claimed speed command control device, as they perform software-based control of vehicle speed in response to user input.
With respect to the limitation reciting “one of a software and a personal identification number (PIN),” Applicant’s argument regarding the absence of a PIN is not persuasive. The claim does not require a PIN where software is present. Idsinga discloses a processing unit, signal generating unit, and control functionality that configure and maintain a selected speed limit, which constitutes software within the meaning of the claim. Accordingly, this limitation is met by Idsinga, and the absence of an explicit PIN disclosure is not dispositive.
Idsinga further discloses wireless communication between a remote unit and a receiver within the vehicle, thereby teaching the claimed wireless receiver/transceiver. Additionally, Idsinga teaches that the speed limiting mode remains active until a subsequent command is received to modify or deactivate the setting, thereby meeting the claimed limitation of maintaining the reduced speed until cleared.
Regarding Applicant’s argument that Idsinga and Firari are directed to different systems, such argument is not persuasive. Both references relate to controlling and restricting vehicle operation, and differences in specific purpose do not preclude combination. It would have been obvious to a person of ordinary skill in the art to incorporate Firari’s security-based activation or control features into Idsinga’s speed limiting system to prevent unauthorized use or modification of speed settings, thereby improving system security.
Accordingly, the rejection under 35 U.S.C. § 103 is maintained.
Claim Rejections - 35 USC § 103
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 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 1-8, and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Idsinga (US-7184873-B1) in view of Firari (US5486806A).
Regarding claims 1 and 11, Idsinga discloses a system for a newly manufactured vehicle targeted for theft (Abstract: under BRI, claim still reads on any vehicle with speed-limiting module) comprising:
one of a wireless receiver and receiver-transceiver integrated into one of a powertrain electrical system, Electronic Control Unit (ECU), Motor Control Unit (MCU) (Figure 2, Col. 6, Lines 25-30: “It would also provide for increased security against thieves by disconnecting the accelerator until there is a valid recognized key tag 58”; Col. 5, Lines 1-10; Col. 6, Lines 13-30), and
vehicle speed sensors of the newly manufactured vehicle to configure the newly manufactured vehicle to a predetermined first vehicle speed (Col. 5, Lines 44-55); and
a speed command control device comprising one of a software and a personal identification number (PIN) integrated into the at least one of the wireless receiver and receiver-transceiver to be activated manually to turn ON the speed command control device of the one of the wireless receiver and receiver-transceiver and remain ON indefinitely until the speed command control device is cleared (Col. 5, Lines 24-40, lines 45-60l Col. 6, Lines 1-10; Col. 7, Lines 25-40; Fig. 6; Col. 8, Lines 1-15, Col. 6, Lines 12-30; Under BRI, “integrated into” encompasses components physically housed within the same module (Fig. 1). The receiver 34 receives wireless commands and transmits activating, deactivating, and programming signals directly to the processing unit 30 which executes speed control logic. Therefore, the wireless receiver forms part of the integrated speed command control device; Note: The claim recites “one of a software and a PIN” and thus only requires either one of the software or the PIN, which is met my the teachings of Idsinga comprising the software).
However, Idsinga does not explicitly state to configure the newly manufactured vehicle to a predetermined second vehicle speed being lower than the predetermined first vehicle speed.
On the other hand, Firari teaches the newly manufactured vehicle to a predetermined second vehicle speed being lower than the predetermined first vehicle speed (Col. 2, Lines 15-55; Col. 4, Lines 1-15).
It would have been obvious for someone with ordinary skill in the art before the effective filing date of the current application to modify the teachings of the Idsinga reference with the teachings from the Firari reference with a reasonable expectation of success. Doing so provides multiple predetermined speed limits, including a lower limit during theft, thereby improving safety without altering the fundamental operation of Idsinga’s device.
Regarding claims 2 and 12, Idsinga discloses wherein the one of the wireless receiver and receiver- transceiver is turned ON at a vehicle manufacturer in a Vehicle Speed Ship Mode (VSSM) configuration (Col. 5 and 6, because VSSM is broadly interpreted as a configuration wherein the maximum allowable vehicle speed is limited and the speed restriction is only lifted upon authorized input, which is broadly interpreted to be covered by the x reference).
Regarding claims 3 and 13, Idsinga discloses the newly manufactured vehicle cannot be driven to exceed the predetermined vehicle speed in the VSSM configuration (Col. 7, Lines 40-45: “FIG. 7 illustrates a method for preventing the speed of a vehicle to exceed a speed limit value by altering APP signals received by the engine control unit”).
However, Idsinga does not explicitly state a predetermined second speed.
On the other hand, Firari teaches a predetermined second speed (Col. 2, Lines 15-55; Col. 4, Lines 1-15).
It would have been obvious for someone with ordinary skill in the art before the effective filing date of the current application to modify the teachings of the Idsinga reference with the teachings from the Firari reference with a reasonable expectation of success. Doing so provides multiple predetermined speed limits, including a lower limit during theft, thereby improving safety without altering the fundamental operation of Idsinga’s device.
Regarding claims 4 and 14, Idsinga discloses the claimed invention except for that the predetermined vehicle speed is 35 miles per hour (MPH). It would have been obvious to one having ordinary skill in the art at the time the invention was made to specify the predetermined vehicle speed to 35 mph, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272,265 USPQ 215 (CCPA 1980).
Regarding claims 5 and 15, Idsinga discloses the speed command control device is calibrated to the predetermined vehicle speed (Col. 5, Lines 45-60; Col. 6, Lines 1-10).
However, Idsinga does not explicitly state a predetermined second speed.
On the other hand, Firari teaches a predetermined second speed (Col. 2, Lines 15-55; Col. 4, Lines 1-15).
It would have been obvious for someone with ordinary skill in the art before the effective filing date of the current application to modify the teachings of the Idsinga reference with the teachings from the Firari reference with a reasonable expectation of success. Doing so provides multiple predetermined speed limits, including a lower limit during theft, thereby improving safety without altering the fundamental operation of Idsinga’s device.
Regarding claims 6 and 16, Idsinga discloses wherein the software is calibratable for at least one of the vehicle speed and a motor torque (Col. 5, Lines 45-60; Col. 6, Lines 1-10).
However, Idsinga does not explicitly state a predetermined second speed.
On the other hand, Firari teaches a predetermined second speed (Col. 2, Lines 15-55; Col. 4, Lines 1-15).
It would have been obvious for someone with ordinary skill in the art before the effective filing date of the current application to modify the teachings of the Idsinga reference with the teachings from the Firari reference with a reasonable expectation of success. Doing so provides multiple predetermined speed limits, including a lower limit during theft, thereby improving safety without altering the fundamental operation of Idsinga’s device.
Regarding claims 7 and 17, Idsinga discloses wherein the speed command control device is cleared by the PIN (Note: Under BRI of the claim, and in reference to claims 1 and 11, the PIN is not a required feature herein because independent claims recite that only one of the software or the PIN are required to satisfy the teachings of the claims, accordingly, claims 7 and 17 are rejected by virtue of their dependency from rejected independent claims).
Regarding claims 8 and 18, Idsinga discloses the PIN is obtained from one of a Cloud and secure database (Note: Under BRI of the claim, and in reference to claims 1 and 11, the PIN is not a required feature herein because independent claims recite that only one of the software or the PIN are required to satisfy the teachings of the claims, accordingly, claims 7 and 17 are rejected by virtue of their dependency from rejected independent claims).
Allowable Subject Matter
Claims 9-10, and 19-20 are allowed.
Conclusion
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/SHAHIRA BAAJOUR/Examiner, Art Unit 3666