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 .
Election/Restrictions
Claim 19 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/29/2025.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 03/06/2024, 07/24/2024, 11/26/2025 have been considered by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 6 recite the limitation "the cell phone transceiver" and claim 12 recites the limitation “the cellular transceiver”. There is insufficient antecedent basis for these limitations in the claims. For example, claims 1 and 6 recite “a cellular transceiver in communication with the processor” and claim 12 recites “a cell phone transceiver in communication with the processor”. Without proper antecedent basis, it is not clear to a person having ordinary skill in the art before the effective filing date of the claimed invention what qualities or properties a cell phone transceiver of claims 1 and 6 and a cellular transceiver of claim 12 would need to possess in order to be considered “the cell phone transceiver” of claims 1 and 6 and “the cellular transceiver” of claim 12 as recited. Furthermore, it is not clear to a person having ordinary skill in the art before the effective filing date of the claimed invention if “the cell phone transceiver” of claims 1 and 6 is intended to refer to the “a cellular transceiver in communication with the processor” as previously recited, or vice versa in claim 12. Therefore, independent claims 1, 6, and 12 and corresponding dependent claims 2-5, 7-11, 13-18, and 20 are rejected under 35 U.S.C. 112(b).
Claim 8 recites the limitation “the vehicle”. There is insufficient antecedent basis for this limitation in the claim. For example, claim 6 from which claim 8 depends, recites “a means of conveyance”. Without proper antecedent basis in the claims, it is not clear to a person having ordinary skill in the art before the effective filing date of the claimed invention what qualities or properties a vehicle would need to possess in order to be considered “the vehicle” as recited. Furthermore, it is not clear to a person having ordinary skill in the art before the effective filing date of the claimed invention if “the vehicle” as recited is intended to refer to the “a means of conveyance” as previously recited. Therefore, dependent claim 8 and corresponding dependent claims 9-11 are rejected under 35 U.S.C. 112(b).
Claim 18 recites the limitations “the power sports equipment” and “the group consisting of…”. There is insufficient antecedent basis for these limitation in the claims. For example, claim 17 recites “power sports equipment”; however, claim 18 does not depend from claim 17. Without proper antecedent basis in the claims, it is not clear to a person having ordinary skill in the art before the effective filing date of the claimed invention what qualities or properties power sports equipment and/or a group of power sports equipment would need to possess in order to be considered “the power sports equipment” or “the group consisting of…” as recited. Therefore, dependent claim 18 is rejected under 35 U.S.C. 112(b).
Claim 20 recites the limitation “the selected vehicle”. There is insufficient antecedent basis for this limitation in the claim. For example, claim 17 recites “a vehicle selected from the group consisting of…”; however, claim 20 does not depend from claim 17. Without proper antecedent basis in the claims, it is not clear to a person having ordinary skill in the art before the effective filing date of the claimed invention what qualities or properties a selected vehicle would need to possess in order to be considered “the selected vehicle” as recited. Therefore, dependent claim 20 is rejected under 35 U.S.C. 112(b).
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.
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.
Claims 1, 6-7, 12, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1), in view of Oesterling (US 2019/0092280 A1).
Regarding claim 1, Kawai discloses a communication system for a vehicle (In paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2) comprising:
a communication device associated with the vehicle (In paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2),
the communication device having a processor, memory in communication with the processor (In paragraph [0057], Kawai discloses that the on-vehicle unit 4 comprises a control unit 14 and a driver 9, wherein the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality; the Examiner understands that the control unit must inherently include a processor and memory in communication with the processor in order to send, receive, and process the data and signals as disclosed; see also paragraphs [0094-0095], Kawai discloses embodiments wherein the control unit 14 includes a storage section 31, and an abnormality determining section 32 and a setting section 33 to perform various determinations),
the processor configured to 1) receive data regarding the vehicle and send the received data regarding the vehicle to only the Cloud via the phone transceiver (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 [cloud] through a communication means; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium),
2) receive data for the vehicle from only the Cloud (In paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium), and
3) control the vehicle according to the received data for the vehicle (In paragraph [0057], Kawai discloses that the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality); and
an application configured to operate on a remote device of a user, the application allowing reception of data regarding the vehicle from only the Cloud and transmission of data regarding the vehicle to only the Cloud for transmission to the vehicle (In paragraph [0059], Kawai discloses that the cellular phone 6 [remote device] is carried by the user 3 of the vehicle 1, receives the abnormality informing signal sent from the server communicator 10 in the data server 2 [cloud] through the communication means, and informs the user of the abnormality in the vehicle 1, wherein the user 3 operates the cellular phone 6 to input the command for settling the abnormality in the vehicle 1, and then the cellular phone 6 transmits the settling command signal to the server communicator 10 in the data server 2 [cloud]; in paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]; see also figures 2 and 4 where the user and cellular phone are depicted as communicating only with the data server, or cloud, via the communication medium; the Examiner understands that the software or programming on the cellular phone to perform the disclosed functions must at least constitute an “application” under its broadest reasonable interpretation).
Although in paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2, Kawai does not explicitly disclose:
a cellular transceiver in communication with the processor,
a cellular antenna connected to the cellular transceiver,
a GPS receiver in communication with the processor,
a GPS antenna connected to the GPS receiver,
a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the vehicle,
wherein the processor is configured to receive data regarding the vehicle from the CAN Bus of the vehicle via the Can Bus interface and control the vehicle utilizing the CAN Bus of the vehicle.
However, Oesterling teaches a communication device including a cellular transceiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna 20 that is equipped to transmit and receive long distance data communications over wireless carrier system 11),
a cellular antenna connected to the cellular transceiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna that is equipped to transmit and receive long distance data communications over wireless carrier system 11),
a GPS receiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals),
a GPS antenna connected to the GPS receiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals),
a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the vehicle (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body),
wherein the processor is configured to receive data regarding the vehicle from the CAN Bus of the vehicle via the Can Bus interface and control the vehicle utilizing the CAN Bus of the vehicle (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body; see also paragraph [0032] where Oesterling teaches where accessory module 16 includes a Cybersecurity Gateway Module 36 (CGM) that may have the capability to both read and write messages from the vehicle's CAN 19 as well as be able to stop messages from being written to CAN 19 when required).
Oesterling is considered to be analogous to the claimed invention in that they both pertain to the utilization of a cellular antenna that is equipped to transmit and receive long distance data communications and a GPS antenna to receive GPS satellite signals, as well as a CAN Bus for coupling various modules of the vehicle system. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oesterling with the communication system as disclosed by Kawai, where the Examiner understands that the use of a CAN bus and antennas for communication means is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Oesterling may be advantageous in that the compatibility of the device with the CAN bus standard, and cellular and GPS networks, may improve the usability of the device with pre-existing vehicles and infrastructure, for example. Additionally, implementing the Cybersecurity Gateway Module as suggested by Oesterling in paragraph [0032] to read and write to the CAN bus of the vehicle may advantageously increase security of the data transmissions, for example.
Regarding claim 6, Kawai discloses a communication device for a means of conveyance (In paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2) comprising:
a processor (In paragraph [0057], Kawai discloses that the on-vehicle unit 4 comprises a control unit 14 and a driver 9, wherein the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality; the Examiner understands that the control unit must inherently include a processor and memory in communication with the processor in order to send, receive, and process the data and signals as disclosed; see also paragraphs [0094-0095], Kawai discloses embodiments wherein the control unit 14 includes a storage section 31, and an abnormality determining section 32 and a setting section 33 to perform various determinations);
the processor having programming configured to 1) receive data regarding aspects of the means of conveyance (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 through a communication means),
2) send the received data regarding aspects of the means of conveyance to only the Cloud via a phone transceiver (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 [cloud] through a communication means; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium),
3) receive data for the means of conveyance from only the Cloud (In paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium),
4) control aspects of the means of conveyance according to the received data for the means of conveyance from only the Cloud (In paragraph [0057], Kawai discloses that the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality),
5) send data regarding aspects of the means of conveyance to a remote device of a user via only the Cloud (In paragraph [0059], Kawai discloses that the cellular phone 6 [remote device] is carried by the user 3 of the vehicle 1, receives the abnormality informing signal sent from the server communicator 10 in the data server 2 [cloud] through the communication means, and informs the user of the abnormality in the vehicle 1, wherein the user 3 operates the cellular phone 6 to input the command for settling the abnormality in the vehicle 1, and then the cellular phone 6 transmits the settling command signal to the server communicator 10 in the data server 2 [cloud]), and
6) receive data regarding aspects of the means of conveyance from only the Cloud through data received by the Cloud from a remote device of a user (In paragraph [0059], Kawai discloses that the cellular phone 6 [remote device] is carried by the user 3 of the vehicle 1, receives the abnormality informing signal sent from the server communicator 10 in the data server 2 [cloud] through the communication means, and informs the user of the abnormality in the vehicle 1, wherein the user 3 operates the cellular phone 6 to input the command for settling the abnormality in the vehicle 1, and then the cellular phone 6 transmits the settling command signal to the server communicator 10 in the data server 2 [cloud]; in paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]).
Although in paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2, Kawai does not explicitly disclose:
a cellular transceiver in communication with the processor;
a cellular antenna connected to the cell phone transceiver;
a GPS receiver in communication with the processor;
a GPS antenna connected to the GPS receiver; and
a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the means of conveyance;
wherein the processor is configured to receive data regarding aspects of the means of conveyance from the CAN Bus of the means of conveyance via the Can Bus interface and control aspects of the means of conveyance utilizing the CAN Bus of the means of conveyance.
However, Oesterling teaches a cellular transceiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna 20 that is equipped to transmit and receive long distance data communications over wireless carrier system 11);
a cellular antenna connected to the cell phone transceiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna that is equipped to transmit and receive long distance data communications over wireless carrier system 11);
a GPS receiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals);
a GPS antenna connected to the GPS receiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals); and
a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the means of conveyance (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body);
wherein the processor is configured to receive data regarding aspects of the means of conveyance from the CAN Bus of the means of conveyance via the Can Bus interface and control aspects of the means of conveyance utilizing the CAN Bus of the means of conveyance (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body; see also paragraph [0032] where Oesterling teaches where accessory module 16 includes a Cybersecurity Gateway Module 36 (CGM) that may have the capability to both read and write messages from the vehicle's CAN 19 as well as be able to stop messages from being written to CAN 19 when required).
Oesterling is considered to be analogous to the claimed invention in that they both pertain to the utilization of a cellular antenna that is equipped to transmit and receive long distance data communications and a GPS antenna to receive GPS satellite signals, as well as a CAN Bus for coupling various modules of the vehicle system. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oesterling with the communication device as disclosed by Kawai, where the Examiner understands that the use of a CAN bus and antennas for communication means is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Oesterling may be advantageous in that the compatibility of the device with the CAN bus standard, and cellular and GPS networks, may improve the usability of the device with pre-existing vehicles and infrastructure, for example. Additionally, implementing the Cybersecurity Gateway Module as suggested by Oesterling in paragraph [0032] to read and write to the CAN bus of the vehicle may advantageously increase security of the data transmissions, for example.
Regarding claim 7, Kawai further discloses wherein the means of conveyance comprises one of a vehicle and a watercraft (In paragraph [0050], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 for detecting the condition of the vehicle 1).
Regarding claim 12, Kawai discloses a method of communicating with a means of conveyance comprising the steps of:
providing a communication device associated with the means of conveyance (In paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2),
the communication device having a processor, memory in communication with the processor (In paragraph [0057], Kawai discloses that the on-vehicle unit 4 comprises a control unit 14 and a driver 9, wherein the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality; the Examiner understands that the control unit must inherently include a processor and memory in communication with the processor in order to send, receive, and process the data and signals as disclosed; see also paragraphs [0094-0095], Kawai discloses embodiments wherein the control unit 14 includes a storage section 31, and an abnormality determining section 32 and a setting section 33 to perform various determinations),
the processor configured to 1) receive data regarding the means of conveyance and send the received data regarding the means of conveyance to only the Cloud via the phone transceiver (In paragraph [0057], Kawai discloses that the on-vehicle sensor 7 detects the condition of the vehicle 1, and outputs the results of the detection as the vehicle condition data, the control unit 14 sends the vehicle condition data output from the on-vehicle sensor 7 to the on-vehicle phone 8, and the on-vehicle phone 8 transmits the vehicle condition data sent from the control unit 14, to the data server 2 [cloud] through a communication means; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium),
2) receive data for the means of conveyance from only the Cloud (In paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]; see also figures 2 and 4 where the vehicle and on-vehicle unit are depicted as communicating only with the data server, or cloud, via the communication medium), and
3) control the means of conveyance according to the received data for the means of conveyance (In paragraph [0057], Kawai discloses that the driver 9 receives the settling command signal from the on-vehicle phone 8 through the control unit 14, and drives a specific device on the vehicle 1 based on the settling command signal to settle the abnormality); and
providing an application configured to operate on a remote device of a user, the application allowing reception of data regarding the means of conveyance from only the Cloud and transmission of data regarding the means of conveyance to only the Cloud for transmission to the means of conveyance (In paragraph [0059], Kawai discloses that the cellular phone 6 [remote device] is carried by the user 3 of the vehicle 1, receives the abnormality informing signal sent from the server communicator 10 in the data server 2 [cloud] through the communication means, and informs the user of the abnormality in the vehicle 1, wherein the user 3 operates the cellular phone 6 to input the command for settling the abnormality in the vehicle 1, and then the cellular phone 6 transmits the settling command signal to the server communicator 10 in the data server 2 [cloud]; in paragraph [0057], Kawai discloses that the on-vehicle phone 8 receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2 [cloud]; see also figures 2 and 4 where the user and cellular phone are depicted as communicating only with the data server, or cloud, via the communication medium; the Examiner understands that the software or programming on the cellular phone to perform the disclosed functions must at least constitute an “application” under its broadest reasonable interpretation).
Although in paragraphs [0050] and [0057], Kawai discloses that a vehicle 1 is equipped with an on-vehicle unit 4 which comprises an on-vehicle phone 8 that transmits the vehicle condition data sent from the control unit 14 to the data server 2 through a communication means and receives the command signal for settling the abnormality in the vehicle transmitted from the data server 2, Kawai does not explicitly disclose:
a cell phone transceiver in communication with the processor,
a cellular antenna connected to the cellular transceiver,
a GPS receiver in communication with the processor,
a GPS antenna connected to the GPS receiver,
a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the means of conveyance,
wherein the processor is configured to receive data regarding the means of conveyance from the CAN Bus of the means of conveyance via the Can Bus interface and control the means of conveyance utilizing the CAN Bus of the means of conveyance.
However, Oesterling teaches a cell phone transceiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna 20 that is equipped to transmit and receive long distance data communications over wireless carrier system 11),
a cellular antenna connected to the cellular transceiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include a cellular antenna that is equipped to transmit and receive long distance data communications over wireless carrier system 11),
a GPS receiver in communication with the processor (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals),
a GPS antenna connected to the GPS receiver (In paragraphs [0024] and [0027-0028], Oesterling teaches that the vehicle 10 is equipped with accessory module 16 that is coupled to an antenna system 20, wherein antenna system 20 may include multiple antennas to enable accessory module 16 to communicate with one or more remote computing devices and may include an antenna that is equipped to receive GPS satellite signals and generating GPS coordinates based on those signals),
a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the means of conveyance (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body),
wherein the processor is configured to receive data regarding the means of conveyance from the CAN Bus of the means of conveyance via the Can Bus interface and control the means of conveyance utilizing the CAN Bus of the means of conveyance (In paragraphs [0036] and [0039], Oesterling teaches that the CAN 19 is a vehicle bus standard that allows accessory module 16 [communication device] to be coupled to various vehicle system modules to monitor and govern various vehicle functionality of various electrical components located throughout the vehicle body; see also paragraph [0032] where Oesterling teaches where accessory module 16 includes a Cybersecurity Gateway Module 36 (CGM) that may have the capability to both read and write messages from the vehicle's CAN 19 as well as be able to stop messages from being written to CAN 19 when required).
Oesterling is considered to be analogous to the claimed invention in that they both pertain to the utilization of a cellular antenna that is equipped to transmit and receive long distance data communications and a GPS antenna to receive GPS satellite signals, as well as a CAN Bus for coupling various modules of the vehicle system. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oesterling with the method as disclosed by Kawai, where the Examiner understands that the use of a CAN bus and antennas for communication means is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Oesterling may be advantageous in that the compatibility of the device with the CAN bus standard, and cellular and GPS networks, may improve the usability of the device with pre-existing vehicles and infrastructure, for example. Additionally, implementing the Cybersecurity Gateway Module as suggested by Oesterling in paragraph [0032] to read and write to the CAN bus of the vehicle may advantageously increase security of the data transmissions, for example.
Regarding claim 17, Oesterling further teaches wherein the means of conveyance comprises a vehicle selected from the group consisting of mobility scooters, lawn mowers, boats and power sports equipment (In paragraph [0020], Oesterling teaches that although an automobile is used herein for exemplary purposes, the embodiments described herein can be applied to other types of systems where shared access is utilized including, but are not limited to, rail systems, planes, off-road sport vehicles, robotic vehicles, motorcycles, farm equipment, and construction equipment).
Regarding claim 18, Oesterling further teaches wherein the power sports equipment is selected from the group consisting of motorcycles, all-terrain vehicles (ATVs), utility vehicles (UTV's) snowmobiles, personal watercraft (PWC's), and scooters (In paragraph [0020], Oesterling teaches that although an automobile is used herein for exemplary purposes, the embodiments described herein can be applied to other types of systems where shared access is utilized including, but are not limited to, rail systems, planes, off-road sport vehicles, robotic vehicles, motorcycles, farm equipment, and construction equipment).
Claims 2, 8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1) and Oesterling (US 2019/0092280 A1), in view of Welch (US 2006/0047380 A1).
Regarding claim 2, the combination of Kawai and Oesterling does not explicitly disclose wherein the communication device further comprises an analog interface in communication with the processor and configured to connect to analog components of the vehicle.
However, Welch teaches wherein the communication device further comprises an analog interface in communication with the processor and configured to connect to analog components of the vehicle (In paragraphs [0061-0062], Welch teaches that a vehicle diagnostic system may include an analog interface 205 configured to interface the analog diagnostic data from the analog probe 203 with portions of the vehicle diagnostic system 101).
Welch is considered to be analogous to the claimed invention in that they both pertain to utilizing an analog interface to obtain data from analog components of a vehicle. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Welch with the communication system as disclosed by the combination of Kawai and Oesterling, where the Examiner understands that the use of an analog interface to obtain analog data at a processor is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Welch may be advantageous in that “the analog interface 205 may digitize the analog diagnostic data for use within the vehicle diagnostic system 101” as suggested by Welch in paragraph [0062], where doing so may yield the advantage of increasing compatibility of the data with other digital components and data, for example.
Regarding claim 8, the combination of Kawai and Oesterling does not explicitly disclose an analog interface in communication with the processor, and configured to connect to analog components of the vehicle.
However, Welch teaches an analog interface in communication with the processor, and configured to connect to analog components of the vehicle (In paragraphs [0061-0062], Welch teaches that a vehicle diagnostic system may include an analog interface 205 configured to interface the analog diagnostic data from the analog probe 203 with portions of the vehicle diagnostic system 101).
Welch is considered to be analogous to the claimed invention in that they both pertain to utilizing an analog interface to obtain data from analog components of a vehicle. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Welch with the communication device as disclosed by the combination of Kawai and Oesterling, where the Examiner understands that the use of an analog interface to obtain analog data at a processor is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Welch may be advantageous in that “the analog interface 205 may digitize the analog diagnostic data for use within the vehicle diagnostic system 101” as suggested by Welch in paragraph [0062], where doing so may yield the advantage of increasing compatibility of the data with other digital components and data, for example.
Regarding claim 13, the combination of Kawai and Oesterling does not explicitly disclose wherein the communication device further comprises an analog interface in communication with the processor and configured to connect to analog components of the means of conveyance.
However, Welch teaches wherein the communication device further comprises an analog interface in communication with the processor and configured to connect to analog components of the means of conveyance (In paragraphs [0061-0062], Welch teaches that a vehicle diagnostic system may include an analog interface 205 configured to interface the analog diagnostic data from the analog probe 203 with portions of the vehicle diagnostic system 101).
Welch is considered to be analogous to the claimed invention in that they both pertain to utilizing an analog interface to obtain data from analog components of a vehicle. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Welch with the method as disclosed by the combination of Kawai and Oesterling, where the Examiner understands that the use of an analog interface to obtain analog data at a processor is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Implementing the teachings of Welch may be advantageous in that “the analog interface 205 may digitize the analog diagnostic data for use within the vehicle diagnostic system 101” as suggested by Welch in paragraph [0062], where doing so may yield the advantage of increasing compatibility of the data with other digital components and data, for example.
Claims 3-4, 9-10, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1), Oesterling (US 2019/0092280 A1), and Welch (US 2006/0047380 A1), in view of San Miguel (US 2020/0258324 A1).
Regarding claim 3, the combination of Kawai, Oesterling, and Welch does not explicitly disclose wherein the communication device further comprises an IMU in communication with the processor.
However, San Miguel teaches wherein the communication device further comprises an IMU in communication with the processor (In paragraphs [0035] and [0040], San Miguel teaches that vehicle information transmitter may be configured to collect and log data associated with the vehicle, and transmit the data to a data server, wherein the vehicle information transmitter may include an IMU 204 is configured to measure linear and rotational forces, and linear and rotational accelerations acting on vehicle information transmitter 200).
San Miguel is considered to be analogous to the claimed invention in that they both pertain to including an IMU on a communication device for transmitting vehicle information. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement an IMU as taught by San Miguel with the communication system as disclosed by the combination of Kawai, Oesterling, and Welch, where Kawai already discloses that “the navigation system 22, which is one of the on-vehicle sensors 7, detects the position of the vehicle 1” in paragraph [0070], and where further use of an IMU as taught by San Miguel to obtain rotational forces and accelerations can advantageously increase the contextual accuracy of the obtained positional information to include, for example, rotational information of the vehicle.
Regarding claim 4, the combination of Kawai and Oesterling further discloses wherein the remote device of a user comprises a smart phone (In paragraph [0125], Kawai discloses that the cellular phone may be another portable communicator such as a portable computer; In paragraph [0021], Oesterling teaches that the mobile computing device 12 may be embodied as a smart phone).
Regarding claim 9, The combination of Kawai, Oesterling, and Welch does not explicitly disclose an IMU in communication with the processor.
However, San Miguel teaches an IMU in communication with the processor (In paragraphs [0035] and [0040], San Miguel teaches that vehicle information transmitter may be configured to collect and log data associated with the vehicle, and transmit the data to a data server, wherein the vehicle information transmitter may include an IMU 204 is configured to measure linear and rotational forces, and linear and rotational accelerations acting on vehicle information transmitter 200).
San Miguel is considered to be analogous to the claimed invention in that they both pertain to including an IMU on a communication device for transmitting vehicle information. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement an IMU as taught by San Miguel with the communication device as disclosed by the combination of Kawai, Oesterling, and Welch, where Kawai already discloses that “the navigation system 22, which is one of the on-vehicle sensors 7, detects the position of the vehicle 1” in paragraph [0070], and where further use of an IMU as taught by San Miguel to obtain rotational forces and accelerations can advantageously increase the contextual accuracy of the obtained positional information to include, for example, rotational information of the vehicle.
Regarding claim 10, the combination of Kawai and Oesterling further discloses wherein the remote device of a user comprises a smart phone (In paragraph [0125], Kawai discloses that the cellular phone may be another portable communicator such as a portable computer; In paragraph [0021], Oesterling teaches that the mobile computing device 12 may be embodied as a smart phone).
Regarding claim 14, the combination of Kawai, Oesterling, and Welch does not explicitly disclose wherein the communication device further comprises an IMU in communication with the processor.
However, San Miguel teaches wherein the communication device further comprises an IMU in communication with the processor (In paragraphs [0035] and [0040], San Miguel teaches that vehicle information transmitter may be configured to collect and log data associated with the vehicle, and transmit the data to a data server, wherein the vehicle information transmitter may include an IMU 204 is configured to measure linear and rotational forces, and linear and rotational accelerations acting on vehicle information transmitter 200).
San Miguel is considered to be analogous to the claimed invention in that they both pertain to including an IMU on a communication device for transmitting vehicle information. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement an IMU as taught by San Miguel with the method as disclosed by the combination of Kawai, Oesterling, and Welch, where Kawai already discloses that “the navigation system 22, which is one of the on-vehicle sensors 7, detects the position of the vehicle 1” in paragraph [0070], and where further use of an IMU as taught by San Miguel to obtain rotational forces and accelerations can advantageously increase the contextual accuracy of the obtained positional information to include, for example, rotational information of the vehicle.
Regarding claim 15, the combination of Kawai and Oesterling further discloses wherein the remote device of a user comprises a smart phone (In paragraph [0125], Kawai discloses that the cellular phone may be another portable communicator such as a portable computer; In paragraph [0021], Oesterling teaches that the mobile computing device 12 may be embodied as a smart phone).
Claims 5, 11, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1), Oesterling (US 2019/0092280 A1), Welch (US 2006/0047380 A1), and San Miguel (US 2020/0258324 A1), in view of Oshima (US 2016/0148450 A1).
Regarding claim 5, the combination of Kawai, Oesterling, Welch, and San Miguel does not explicitly disclose wherein the communication device further comprises a near-field communication module in communication with the processor.
However, Oshima teaches wherein the communication device further comprises a near-field communication module in communication with the processor (In paragraphs [0029] and [0032], Oshima teaches that a vehicle-mounted system 100 includes a near field communication unit configured to communicate wirelessly with the smartphone 40 within a communication range of tens to hundreds of meters in compliance with a near field communication standard).
Oshima is considered to be analogous to the claimed invention in that they both pertain to the utilization of near-field communication to connect with a vehicle system. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oshima with the communication system as disclosed by the combination of Kawai, Oesterling, Welch, and San Miguel, where the Examiner understands that the use of near-field communication is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Utilizing near-field communication as taught by Oshima in addition to the communication means as disclosed by the combination of Kawai, Oesterling, Welch, and San Miguel may be advantageous in providing communication redundancies in case other means of communication cannot be established for example, increasing the usability of the communication in device in more circumstances.
Regarding claim 11, the combination of Kawai, Oesterling, Welch, and San Miguel does not explicitly disclose a near-field communication module in communication with the processor.
However, Oshima teaches a near-field communication module in communication with the processor (In paragraphs [0029] and [0032], Oshima teaches that a vehicle-mounted system 100 includes a near field communication unit configured to communicate wirelessly with the smartphone 40 within a communication range of tens to hundreds of meters in compliance with a near field communication standard).
Oshima is considered to be analogous to the claimed invention in that they both pertain to the utilization of near-field communication to connect with a vehicle system. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oshima with the communication device as disclosed by the combination of Kawai, Oesterling, Welch, and San Miguel, where the Examiner understands that the use of near-field communication is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Utilizing near-field communication as taught by Oshima in addition to the communication means as disclosed by the combination of Kawai, Oesterling, Welch, and San Miguel may be advantageous in providing communication redundancies in case other means of communication cannot be established for example, increasing the usability of the communication in device in more circumstances.
Regarding claim 16, the combination of Kawai, Oesterling, Welch, and San Miguel does not explicitly disclose wherein the communication device further comprises a near-field communication module in communication with the processor.
However, Oshima teaches wherein the communication device further comprises a near-field communication module in communication with the processor (In paragraphs [0029] and [0032], Oshima teaches that a vehicle-mounted system 100 includes a near field communication unit configured to communicate wirelessly with the smartphone 40 within a communication range of tens to hundreds of meters in compliance with a near field communication standard).
Oshima is considered to be analogous to the claimed invention in that they both pertain to the utilization of near-field communication to connect with a vehicle system. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Oshima with the method as disclosed by the combination of Kawai, Oesterling, Welch, and San Miguel, where the Examiner understands that the use of near-field communication is well understood in the art and may be implemented without undue experimentation, with predictable results, and with a reasonable expectation of success. Utilizing near-field communication as taught by Oshima in addition to the communication means as disclosed by the combination of Kawai, Oesterling, Welch, and San Miguel may be advantageous in providing communication redundancies in case other means of communication cannot be established for example, increasing the usability of the communication in device in more circumstances.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2001/0020893 A1) and Oesterling (US 2019/0092280 A1), in view of David (US 2020/0174778 A1).
Regarding claim 20, the combination of Kawai and Oesterling does not explicitly disclose uploading a desired firmware or software update to the Cloud;
sending the updated firmware or software from the cloud to the communication device of the selected vehicle;
sending the updated firmware or software from the communication device to the components that need to be updated.
However, David teaches uploading a desired firmware or software update to the Cloud (In paragraphs [0037-0039], David teaches that an over-the-air (OTA) updater device 108 of a vehicle 106 receives a software update for an updatable component 110, wherein the OTA updater device 108 may transmit a request for available updates to the server computing system 104 and may receive the software update in response, or the server computing system 104 (or another computing system) may push the software update to the OTA updater device 108, or may otherwise cause the OTA updater device 108 to initiate a download of the software update; the Examiner understands that in order for the software update to be transmitted from the server computing system 104 [cloud], the update must inherently have been acquired and uploaded to the server);
sending the updated firmware or software from the cloud to the communication device of the selected vehicle (In paragraphs [0037-0039], David teaches that an over-the-air (OTA) updater device 108 of a vehicle 106 receives a software update for an updatable component 110, wherein the OTA updater device 108 may transmit a request for available updates to the server computing system 104 and may receive the software update in response, or the server computing system 104 (or another computing system) may push the software update to the OTA updater device 108, or may otherwise cause the OTA updater device 108 to initiate a download of the software update);
sending the updated firmware or software from the communication device to the components that need to be updated (In paragraph [0059], David teaches that the OTA updater device 108 may use any suitable technique for applying the update to the updatable component 110, where for example, the OTA updater device 108 may transmit the software update or a portion thereof to the updatable component 110 via the vehicle communication bus, and the updatable component 110 may use it to update software stored on a computer-readable medium of the updatable component 110).
David is considered to be analogous to the claimed invention in that they both pertain to updating software of a vehicle via an update received from a cloud. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of David with the method as disclosed by the combination of Kawai and Oesterling, where doing so advantageously allows the most updated version of software or firmware to be implemented by the components, increasing the adaptability of the system and corresponding accuracy of operation by the components, for example.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-16 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over at least claims 1, 4-8, and 13 of copending Application No. 17/233,417. Although the claims at issue are not identical, they are not patentably distinct from each other as demonstrated below:
Instant claim 1
Claim 1 of Application No. 17/233,417
A communication system for a vehicle comprising:
a communication device associated with the vehicle, the communication device having a processor, memory in communication with the processor, a cellular transceiver in communication with the processor, a cellular antenna connected to the cellular transceiver, a GPS receiver in communication with the processor, a GPS antenna connected to the GPS receiver, a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the vehicle, the processor configured to 1) receive data regarding the vehicle from the CAN Bus of the vehicle via the Can Bus interface and send the received data regarding the vehicle to only the Cloud via the cell phone transceiver, 2) receive data for the vehicle from only the Cloud, and 3) control the vehicle according to the received data for the vehicle utilizing the CAN Bus of the vehicle; and
an application configured to operate on a remote device of a user, the application allowing reception of data regarding the vehicle from only the Cloud and transmission of data regarding the vehicle to only the Cloud for transmission to the vehicle.
A communication device for use with a mobile vehicle…
the communication device comprising:
at least one controller…, the controller including a processor, and memory in communication with the processor; a cellular transceiver in communication with the processor; a cellular antenna connected to the cellular transceiver; a GPS receiver in communication with the processor; a GPS antenna connected to the GPS receiver; a CAN Bus interface in communication with the processor and configured to allow connection to a CAN Bus of the vehicle; … wherein the processor is configured to 1) receive data regarding the vehicle from the CAN Bus of the vehicle via the Can Bus interface and send the received data regarding the vehicle to only the Cloud via only the cellular transceiver, 2) receive data for the vehicle from only the Cloud, and 3) control the vehicle according to the received data for the vehicle utilizing the CAN Bus of the vehicle; and an application configured to operate on… a remote device of a user, the application allowing reception of data regarding the vehicle from only the Cloud and transmission of data regarding the vehicle to only the Cloud for transmission to the vehicle…
Similar reasoning is applied to instant claims 2-16 and 20 in view of at least claims 1, 4-8, and 13 of Application No. 17/233,417.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Allgaier (US 2021/0013931 A1) teaches agricultural machines comprising communication system positioned adjacent a cab.
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/HARRISON HEFLIN/Examiner, Art Unit 3665
/HUNTER B LONSBERRY/Supervisory Patent Examiner, Art Unit 3665
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